National Park Service U.S. Department of the Interior South Florida Natural Resources Center Everglades National Park RESOURCE EVALUATION REPORT SFNRC Technical Series 2005:1 Joint Report to Congress EVERGLADES WATER QUALITY Joint Report to Congress EVERGLADES WATER QUALITY RESOURCE EVALUATION REPORT SFNRC Technical Series 2005:1 South Florida Natural Resources Center Everglades National Park Homestead, Florida National Park Service U.S. Department of the Interior Cover photograph by William Perry, ENP ii South Florida Natural Resources Center Technical Series (2005:1) Joint Report to Congress: Everglades Water Quality iii Joint Report to Congress: Everglades Water Quality RESOURCE EVALUATION REPORT SFNRC Technical Series 2005:1 EXECUTIVE SUMMARY Data used in this report to assess compliance with Class III standards are the most recent 12 to 21 months of reported data Achievement of water quality that protects the Everglades and are taken from the 2004 Everglades Consolidated Report ecosystem is an underlying assumption or goal for many south and the draft 2005 South Florida Environmental Report (for- Florida ecosystem restoration projects. merly the Everglades Consolidated Report), jointly produced In the last decade, the state of Florida has made signifi- by the South Florida Water Management District and Florida cant progress to improve the quality of the water entering the Department of Environmental Protection. The data from this Everglades. The state and federal partners are cooperatively report span the South Florida Water Management District implementing projects to realize additional improvements. Water Years 2003 and 2004 (May 1, 2002, through April 30, The primary focus of the state effort is reducing phosphorus 2004). Data used to assess compliance with the Consent levels in discharges into the Everglades Protection Area, which Decree are taken from: the South Florida Water Management includes the state-owned water conservation areas, including District’s quarterly Settlement Agreement reports (which Arthur R. Marshall (A.R.M.) Loxahatchee National Wildlife are current through January 2005); the 2004 Everglades Refuge (refuge) and Everglades National Park (park). Consolidated Report; and the draft 2005 South Florida Measures being undertaken by the state to improve the Environmental Report. Together, these reports provide in- quality of water entering the federal areas are the subject of formation covering the last 21 months of data (October 2002 the Everglades Forever Act, Section 373.4592, Florida Statutes through January 2005) that were available at the time this re- and a 1992 Consent Decree that settled water quality litiga- port was prepared. Data made available since this report was tion between the United States and the state of Florida. Their prepared will be presented in the next report. requirements include: implementation of agricultural Best Management Practices and the construction of 45,000 acres This report finds that: of Stormwater Treatment Areas (STAs) to achieve phospho- Discharges into the refuge and the park are in compliance rus load reductions for the Everglades Protection Area; in- with all permit requirements. The draft 2005 South Flor- terim and long-term total phosphorus levels and limits for the ida Environmental Report notes that “with few excep- refuge and the park, respectively; and compliance with state tions, water quality has been in compliance with existing water quality standards, including a new numeric phosphorus state water quality criteria during Water Year 2004.”1 The criterion promulgated by the state of Florida and approved by draft report goes on to note that “comparisons of Water the U.S. Environmental Protection Agency. Year 2004 water quality data with applicable Class III wa- In addition to Everglades Forever Act and Consent Decree ter quality criteria resulted in excursions for six identified requirements, the state of Florida has many Class III water water quality variables. These excursions were localized to quality criteria for variables other than nitrogen and phos- specific areas of the Everglades Protection Area with the phorus for the Everglades Protection Area. exception of dissolved oxygen, which exhibited excur- Water quality monitoring programs measure compliance sions in all regions.”2 both with the Consent Decree and Class III criteria. The Department of the Interior and Related Agencies With respect to the requirements of the Consent Decree Appropriations Act (Act) (Public Law 108-108) requires the (United States v. South Florida Water Management Dis- submission of a report to the Congress on the quality of water trict et al., 1992), water measured at the 14 interior marsh entering the refuge and the park. This report to Congress, station network in the refuge presently meets applicable prepared by staff from the Department of the Interior, interim levels for phosphorus; however, there have been Department of the Army, Environmental Protection Agency, exceedances of these interim levels in the past, most re- and the Department of Justice, is the first report required by cently in 2004. Although the state and federal parties are the Act. The report presents water quality data and compli- implementing remedies to reduce the likelihood of future ance with applicable Class III state water quality standards exceedances, this matter is presently in litigation before and the Consent Decree. Because the Consent Decree re- mains a matter in litigation, with the Court retaining jurisdic- tion of the Consent Decree for the purpose of enforcement, it 1 South Florida Water Management District. 2004. Draft 2005 South is important to note that this report does not reflect all of the Florida Environmental Report, Chapter 2A. views of the Settling Parties (the United States and the state of 2 South Florida Water Management District. 2004. Draft 2005 Florida) to the Consent Decree. South Florida Environmental Report, Chapter 2A. iv South Florida Natural Resources Center Technical Series (2005:1) the United States District Court for the Southern District of Florida: The interim phosphorus limits for Shark River Slough and Taylor Slough in Everglades National Park is being achieved; The requirement to reduce phosphorus loads by 25% from the Everglades Agricultural Area to the STAs through implementation of Best Management Practices is being exceeded; The requirement to reduce phosphorus loads from the Ev- erglades Agricultural Area to the Water Conservation Ar- eas was almost met (1% or less shortfall) in Water Years 2003 and 2004. The requirement to reduce phosphorus loads from the Everglades Agricultural Area to the refuge by approximately 85% was not met during Water Years 2003 or 2004, although there was less loading in Water Year 2004 than in 2003; Actions are underway by the state to further reduce phos- phorus loads to the Water Conservation Areas and the refuge by 2006, and discussions concerning potential im- provements to methods used to estimate loads have begun in the Technical Oversight Committee. Based on these results, the Department of the Interior, Environmental Protection Agency, Department of Justice, and Department of the Army believe that progress is being made in meeting the terms of the Consent Decree and applicable Class III state water quality standards. The body of the report discusses actions currently being taken to make additional improvements. Joint Report to Congress: Everglades Water Quality v TABLE OF CONTENTS AUTHORING AGENCIES . vi LIST OF ABBREVIATIONS. vi FOREWORD . vii BACKGROUND . 1 Legislative Mandate . 1 Historic Water Quality Characteristics of Refuge and Park . 1 Legal Requirements. 3 Water Quality Monitoring Programs . 8 WATER QUALITY STATUS . 9 Compliance with Applicable Class III Standards . 9 Compliance with Consent Decree . 11 CONCLUSIONS . 16 vi South Florida Natural Resources Center Technical Series (2005:1) AUTHORING AGENCIes U.S. Department of the Interior U.S. Department of the Army U.S. Environmental Protection Agency U.S. Department of Justice LIST OF ABBREVIATIONS A.R.M. Loxahatchee National Wildlife Refuge - Arthur R. Marshall Loxahatchee National Wildlife Refuge DO - Dissolved oxygen ENP - Everglades National Park NPDES - National Pollutant Discharge Elimination System SFWMD - South Florida Water Management District SSAC - Site-specific Alternative Criterion STA - Stormwater Treatment Areas Please reference this report as follows: SFNRC. 2005. Joint Report to Congress: Everglades Water Quality. South Florida Natural Resources Center, Everglades National Park, Homestead, FL. Resource Evaluation Report. SFNRC Technical Series 2005:1. 16 pp. Joint Report to Congress: Everglades Water Quality vii FORewORD In September 2005, the Departments of the Interior, Army, and Justice, and the Environmental Protection Agency issued a report to Congress concerning the quality of the water entering the Arthur R. Marshall Loxahatchee National Wildlife Refuge (refuge) and Everglades National Park (park). This technical report is equivalent to the report sent to Congress. It describes the status of water quality compliance with a federal Consent Decree and applicable Class III water quality standards of the State of Florida. In 1988, the federal government sued the State of Florida, alleging violations of state laws and intergovernmental agreements intended to protect Everglades water quality. After three years of litigation, a Settlement Agreement was negotiated in 1991 and a federal Consent Decree was issued in 1992,